Frazier-Mott v. State, # 2012-009-023

• Decision Date: 10 December 2012
• Docket Number: Claim No. 119841,Motion No. M-82147,# 2012-009-023
• Parties: CHIANTI FRAZIER-MOTT AS GUARDIAN OF HARRIETTE J. WALKER v. THE STATE OF NEW YORK
• Court: New York Court of Claims

CHIANTI FRAZIER-MOTT AS GUARDIAN OF HARRIETTE J. WALKER
v.
THE STATE OF NEW YORK

# 2012-009-023
Claim No. 119841
Motion No. M-82147

Court of Claims of New York

December 10, 2012

Synopsis

Claimant's motion seeking an order amending the caption of the claim to reflect the death of Harriette J. Walker was granted.

Case information

UID: 2012-009-023
                Claimant(s): CHIANTI FRAZIER-MOTT AS GUARDIAN OF HARRIETTE J. WALKER
                Claimant short name: FRAZIER-MOTT
                Footnote (claimant name)
                Defendant(s): THE STATE OF NEW YORK
                Footnote (defendant name)
                Third-party claimant(s)
                Third-party defendant(s)
                Claim number(s): 119841
                Motion number(s): M-82147
                Cross-motion number(s):
                Judge: NICHOLAS V. MIDEY JR.
                 LYNCH LAW OFFICE, PLLC
                Claimant's attorney: BY: Andrew J. Schwab, Esq.,
                 Of Counsel.
                 HON. ERIC T. SCHNEIDERMAN
                 Attorney General
                Defendant's attorney: BY: Maureen A. MacPherson, Esq.,
                 Assistant Attorney General,
                 Of Counsel.
                Third-party defendant's attorney:
                Signature date: December 10, 2012
                City: Syracuse
                Comments:
                Official citation:
                Appellate results:
                See also (multicaptioned case)
                

Decision

Chianti Frazier-Mott, who instituted this claim as guardian of her mother, Harriette J. Walker, has brought this motion for an order amending the caption of the claim to reflect her appointment as Administrator of her mother's estate, who passed away on September 25, 2011.

The following papers were considered by the Court in connection with this motion:

Notice of Motion, Affidavit of Andrew J. Schwab, Esq., with Exhibits 1, 2
Affirmation in Opposition of Maureen A. MacPherson, Esq., Assistant Attorney General,
with Exhibit 3
Reply Affirmation of Andrew J. Schwab, Esq., with Exhibits; Affidavit of Chianti Frazier-Mott 4, 5

On May 12, 2011, claimant Chianti Frazier-Mott, as guardian of Harriette J. Walker, filed a claim alleging negligence by nurses and physicians at Upstate Medical Center in the care and treatment provided to Ms. Walker.

Subsequently, Harriette J. Walker passed away on September 25, 2011 (Exhibit E to Items 1, 2). Thereafter, Letters of Administration were issued to claimant, Chianti Frazier-Mott, on January 3, 2012 by the Onondaga County Surrogate's Court (Exhibit F to Items 1, 2).

Claimant now brings this motion seeking permission to amend the caption of the claim to properly reflect her appointment as Administrator. Defendant has opposed this motion, alleging not only a lack of standing, but also citing Court of Claims Act § 15, which requires that such an order be obtained within six months from the date of appointment.

With regard to the...